Last updated: July 31, 2025
Introduction
Patent CN103274926 pertains to a pharmaceutical invention filed in China, which, based on its publication number, likely relates to novel drug compositions or therapeutic methods. Analyzing its scope, claims, and the broader patent landscape offers critical insights for stakeholders—pharmaceutical companies, legal professionals, and R&D strategists—seeking to navigate China's dynamic patent environment. This report delivers a comprehensive assessment, focusing on the patent's claims, territorial context, potential overlaps, and implications for innovation and patent enforcement.
Patent Overview and Publication Details
CN103274926 was published in 2013 and, based on typical Chinese patent numbering conventions, indicates an application filed approximately two to three years prior—around 2011. While the full patent specification details are mandatory for a complete evaluation, key insights can be derived through public patent databases and available abstracts.
A preliminary review suggests the patent involves a novel pharmaceutical compound or a specific drug delivery system. It possibly targets a particular therapeutic area—such as oncology, infectious disease, or metabolic disorders—given prevailing trends during that period in China’s pharmaceutical innovation landscape.
Scope of the Patent
Claims Analysis
The core strength and enforceability of a patent hinge on its claims, which define the legal scope of exclusive rights. CN103274926 comprises one or more independent claims, potentially encompassing:
- Compound Claims: Novel chemical entities with specific structural features.
- Use Claims: Methods of using the compound for particular therapeutic purposes.
- Formulation Claims: Specific pharmaceutical compositions incorporating the compound.
- Method Claims: Novel synthesis or manufacturing processes.
Note: As the full claims are not provided here, the likelihood is that the patent emphasizes a compound's structure, its specific pharmaceutically acceptable salts or derivatives, and potentially associated methods of preparation.
Claim Language and Scope
Chinese pharmaceutical patents often feature claims that are both structurally broad—covering classes of compounds—and narrower, focusing on specific substituents or configurations. The scope usually balances these aspects, aiming for broad patent protection while maintaining specificity to withstand validity challenges.
Potential Claim Strategies
- Structural diversity: Claims covering similar compounds with minor modifications.
- Therapeutic application: Claims directed to specific diseases or patient populations.
- Combination claims: Incorporating the compound with other drugs for synergistic effects.
Patent Landscape and Prior Art
Predecessor and Related Patents
The patent landscape includes prior art that may encompass:
- Earlier Chinese patents on related chemical scaffolds.
- International patent applications (e.g., from WO or US applications) with similar structures or uses.
- Scientific literature describing analogous compounds or treatments.
It is crucial to examine whether CN103274926 claims are novel and non-obvious relative to prior art to ascertain its validity.
Comparative Analysis
- If the patent claims a specific chemical class, the landscape likely includes similar compounds patented in the late 2000s or early 2010s.
- Chinese pharmaceutical patent laws prioritize novelty, inventive step, and industrial applicability, making prior art searches essential to assess scope robustness.
- The patent’s claims probably specify particular substitutions or synthesis methods that differentiate it from existing documents.
Patent Families and Related Rights
- Investigators should review related patent applications filed internationally (via PCT), in neighboring jurisdictions (e.g., Japan, Korea, US, Europe), to assess the global patent coverage.
- A comprehensive patent family may extend protection beyond China, affecting licensing and enforcement strategies.
Patent Term and Maintenance
Typically, pharmaceutical patents filed around 2011 would expire around 2031, assuming no extensions. Maintenance fees in China compare favorably with global standards, necessitating regular payments to sustain patent rights.
Innovative Features and Patent Strengths
- Structural Novelty: The patent likely claims a chemical scaffold that differs from prior art by specific substituents, providing a novel therapeutic candidate.
- Manufacturing Efficiency: Claims that include optimized synthetic routes may enhance patent enforceability by covering production methods.
- Therapeutic Specificity: Application claims targeting a precise patient subset or disease indication bolster the patent’s commercial value.
Potential Challenges and Risks
- Obviousness: If similar compounds or methods exist, the patent could face invalidity challenges based on obviousness.
- Prior Art Overlap: Overlapping claims in related patents can lead to potential licensing negotiations or litigation.
- Patent Quality: Broad or vague claims risk invalidation; precise, well-defined claims strengthen enforceability.
Strategic Considerations in the Patent Landscape
- Freedom to Operate (FTO): A thorough FTO analysis should scrutinize other Chinese and international patents in the therapeutic class.
- Defense and Offense: Aggressive patenting around this core patent—such as claiming new derivatives or methods—can fortify market position.
- Litigation and Enforcement: Chinese courts are increasingly robust in patent enforcement; understanding the scope and strength of CN103274926 is key to defending or asserting patent rights.
Conclusion
CN103274926 embodies a strategic asset within China's pharmaceutical patent environment, likely covering a novel compound or use with specific structural features and therapeutic applications. The strength of its claims, relative novelty, and landscape positioning will determine its commercial and legal value.
An effective strategy involves continuous landscape monitoring, potential prosecution of divisional or continuation applications, and incorporation into broader regional patent portfolios to maximize protection.
Key Takeaways
- Scope Analysis: The patent likely encompasses a specific chemical compound or therapeutic use, with claims that balance breadth and specificity.
- Legal Strength: Deep prior art search and claim drafting integrity are vital to sustain validity amidst China's evolving patent standards.
- Landscape Position: The patent's value depends on its differentiation from prior art and proximity to international patent families.
- Enforcement Potential: China's expanding patent enforcement mechanisms highlight the importance of clear, robust claims to defend rights.
- Strategic Use: Combining CN103274926 with external patents and additional claims can create a formidable patent fence in China and beyond.
FAQs
Q1: How broad are the typical claims in Chinese pharmaceutical patents like CN103274926?
A1: They vary, but successful patents often balance broad structure-based claims with narrower, specific embodiments to reduce invalidation risk and strengthen enforceability.
Q2: What is the process for challenging the validity of CN103274926?
A2: Oppositions can be filed within six months after grant, or through court actions, citing prior art that demonstrates lack of novelty or inventive step.
Q3: How does patent protection in China compare internationally?
A3: While Chinese patents provide strong local protection, enforcement and scope vary; filing in multiple jurisdictions through PCT can extend coverage.
Q4: What strategies enhance patent longevity beyond the 20-year term?
A4: Supplements include patent term extensions (not common in China) and strategic continuation or divisional filings.
Q5: Can CN103274926 be licensed or used for collaborations?
A5: Yes, if valid, it provides exclusive rights that can facilitate licensing agreements or joint ventures, assuming comprehensive rights management is in place.
References
[1] State Intellectual Property Office of China (SIPO). Patent CN103274926: Title and abstract (publicly accessible).
[2] WIPO PatentScope. Related patent family and international applications.
[3] Patent Law of the People’s Republic of China, 2009 amendments.
[4] Industry reports on Chinese pharmaceutical patent trends (e.g., ChinaBio®).
